Conservative group readies a challenge on the constitutionality of healthcare mandates
With passage of the healthcare reform bill all but assured, the last remaining option to stop this disaster is the possibility of a challenge to the constitutionality of the bill.
Some may feel that the deals that Ben Nelson and others struck in order to win their votes may be grounds for a constitutional challenge– Lindsey Graham being one who believes that these deals could be challenged in court, I don’t see this going anywhere– but the best chance to undo this legislation will be on the grounds of the healthcare mandates.
It appears as if there is a group that is readying itself for a constitutional challenge of the healthcare mandates that are in the bill. The Conservative Action Project had the following to say about the healthcare reform bill:
Mandating that individuals must obtain health insurance, and imposing any penalty—civil or criminal—on any private citizen for not purchasing health insurance is not authorized by any provision of the U.S. Constitution. As such, [the bill] is unconstitutional, and should not survive a court challenge on that issue
The Conservative Action Project then goes on to state the different clauses that have been cited by various senators as giving the federal government the authority to mandate healthcare insurance, and quickly debunks those arguments.
This bill is going to pass, there is nothing that we can do to stop it. Our only remaining option is to see the constitutionality of the bill challenged, but up until now we hadn’t heard of anybody that was prepared to challenge the constitutionality of the bill. Hopefully that is about to change.
In all likelihood the only aspect of this bill that the Supreme Court would rule unconstitutional would be the healthcare mandates, the rest of the bill would probably remain intact. But the more that is stripped from this bill, the better. This may not be a perfect conclusion to the debate, but at least it would be a little something.
America's Watchtower 
I was glad to see this challenge come about. I agree with you. If any part of this passes, it is not good. I do wonder though if we can’t undo it if we get rid of these people in 2010. This does not go into affect for 4 years. I would think that buys us some time to undo this incredible farce!
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Normally I wouls say that there is no way to undo it after it passes, but the fact that the coverage doesn’t go into effect for four years may give us the opportunity to reverse this after the 2010 elections.
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I agree. We have 4 years to punch holes in this thing. It ‘aint over yet.
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The more that we can take out of this bill, the better. Even if it means doing it a little at a time. The fight may be just beginning.
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As you have well documented during this debate, those who are supporting this legislation have been unable to explain where they are getting the authority to mandate health care reform. If a challenge is mounted, hopefully the courts will see it our way. Knowing how the courts are stacked with liberals, it may have to go all the way to the Supreme Court to get a favorable ruling.
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This is an issue that I would see going all the way to the Supreme Court. Liberals see in the ocnstitution what they want to see, we have seen that with their explanations on where they get this authority. The Supreme Court is still 5-4 conservative, so that is where our best chance lies.
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If we can dismantle a piece at a time I can die fulfilled. I agree it is going to pass. We can do nothing to stop it but if we can neuter it the end result is the same. Hopefully come 2010 we can replace the liberals and RINOs with actual representatives who list to those who voted them in.
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Neuter, that was the word I was looking for! That may be the best we can hope for, passage is all but assured, we may have to break this bill apart piece by piece.
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If the courts can rip the mandated parts out of the bill that would render it almost useless. Who know how a court case would come out.
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I would rather see the bill stopped now instead of hoping for court decisions, as you said, who knows how those will turn out?
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Look, in my humble opinion, what is referred to now as ‘mainstream’ America, will vote in mass come 2 Nov 2010. While it is inconceivable to this American that the Republican party will be able to close the current margin ‘by more’ than thirty seats, it will most certainly ‘swing’ the current control the Democrats have in the House and provide a more bipartisan approach to some very key issues coming our way, such as Amnesty to Illegal Immigrants and their Anchor Baby’s (or Jackpot if you wish) which ties directly into this ‘bogus’ number of uninsured. Contrary to what Obama and his counterparts rhetoric on this issue, Anchor Baby’s are “not” US Citizens having been born here as, to say so, violates the 14th Amendment! They would have to ‘cahnge’ the Amendment.
The Senate has thrity-six seats up for grab in 2010 and IMO, the Democrats will not have the majority when the votes are all counted. BTW, I am a Libertarian but a registered Republican.
With that said, most certainly, the Freedom of Choice has to be addressed all the way to the Supreme Court if necessary. If this ‘Bill’ was voted on by the American People in 2010, it would ‘not’ pass.
Sorry for the rambling, just a sixty-eight year old that is more than PO’d by a Government that once elected, for the people and by the people is so corrupted by special interests, so swayed by Unions and .ORG’s and arrogant to boot.
Merry Xmas and Happy New Year to all…
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I hope that you had a Merry Christmas also and there is no need to apologize for rambling. You made some great points and I hope that you are right about next November, I don’t know if Republicans can win back both houses, but I think they will pick up enough seats to slow down this administration. Like you I am a libertarian at heart.
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